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· 10/14/1980

Sewall v. Spinney Creek Oyster Co., Inc.

Citations

  • 421 A.2d 36

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the Maine Rules of Civil Procedure governing pleadings generally apply to petitions for review of government agency action brought pursuant to the APA
  • stating that the Maine Rules of Civil Procedure governing pleadings generally apply to petitions for review of government agency action brought pursuant to the APA
  • noting cases where courts have found that it was not clear from the record that there was a failure to swear a witness, and therefore the regularity of proceedings is presumed
  • “[T]he swearing of witnesses may be relinquished through a genuine act of waiver, or may be forfeited by procedural default.”
  • “Some authorities have questioned the value of the oath” while other “courts have gone so far as to deem the swearing of witnesses in particular contexts to be a constitutional requirement, as a component of constitutional due process of law.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wernick, McKusick, Wer-Nick, Glassman, Roberts

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.